De Lima ‘partly to blame’ for casualties in Resorts World attack due to legal opinion, DoJ chief says
JUSTICE SECRETARY Vitaliano N. Aguirre II said a 2014 legal opinion by then-justice secretary Leila M. De Lima, prohibiting the Bureau of Fire and Protection (BFP) from implementing a fire code on casinos, may have contributed to the deaths in the June 2 Resorts World attack.
“Because of the said opinion, it is [ Philippine Economic Zone Authority ( PEZA)], a government agency without competence and experience in fire protection, who was given the authority to implement the Fire Code and its implementing rules and regulations respecting PEZA registered companies like the casinos,” Mr. Aguirre said in a text message to reporters yesterday.
Reports of gunshots and a fire in posh casino-hotel Resorts World Manila started in the wee hours of Friday, June 2. Hours later, it was reported that a lone gunman, later identified as Jessie Javier Carlos, set fire on the tables at the casino gaming area. He later burned himself in his hotel room.
At least 36 bodies were recovered in the casino’s gaming area. National Capital Region Police Chief Oscar Albayalde said that according to Scene of Crime Operatives (SOCO), the 36 died due to suffocation.
In a separate phone conference with reporters, Mr. Aguirre hit Ms. De Lima’s legal opinion that he claimed prohibited the BFP in the examination of Resorts World, adding: “That hindi nakialam ang [ BFP] because ang pinamamahalaan dito ay ’ yung PEZA, wala namang competence, wala namang experience sa trabaho na ito ( That says the BFP should lay off because of the PEZA, that has no competence and experience in this field).
But PEZA Director- General Charito B. Plaza said in a mobile phone message when sought for comment: “Republic Act 7916 authorized PEZA to regulate the occupancy, fire and safety permits(,) thus we have civil, safety, structural, mechanical and electrical engineers who [ inspect] during the construction of industries’ buildings and facilities and [conduct] twice a year.”
RA 7916 is the “Act providing for the legal framework and mechanisms for the creation, operation, administration, and coordination of special economic zones in the Philippines, creating for this purpose, the Philippine Economic Zone Authority (PEZA), and for other purposes.”
Chapter II Section 12 of the said RA provides that the PEZA shall have the functions and powers to: “Regulate and undertake the establishment, operation and maintenance of utilities, other services and infrastructure in the ECOZONE, such as heat, light and power, water supply, telecommunication, transport, toll roads and bridges, port services, etc., and to fix just, reasonable and competitive rates, charges and fees.”
Mr. Aguirre also said: “Walang sprinkler, mga defect sa ganun. Kung sanay sanay tulad ng [BFP], alam na alam nila kung ano yung dapat gawin sa isang establishment. (There were no sprinklers, there was defect. If it was [up to] those who were used to do it, they would know what to do in an establishment.)”
Ms. Plaza, for her part, said: “Evidence of PEZA’s safety requirements are the water sprinklers working and the water filled floors of the hotel and the 12,000 plus customers who immediately vacated the casino areas while those (36) who perished were believed to be fear victims who choose not to go out [in spite] of the calls of the security to vacate which the [12,000 others] followed!”
Mr. Aguirre has also ordered the National Bureau of Investigation (NBI) to probe “whether there is criminal, civil, administrative culpability on any agency, office and instrumentality of the government.”
He also said the legal opinion by Ms. De Lima, now a senator but detained on drug charges, will be subject to the NBI probe.
The justice chief also ordered the NBI “to conduct DNA examination on the remains of the gunman to erase doubts on the identity established by the PNP through the family.”